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Got a question about voting in Kentucky? UK election expert has the answers.

A ballot drop box for absentee ballots prior to the general elections installed on the sidewalk outside of Fayette County Clerk’s office in downtown Lexington. October 6, 2020.
A ballot drop box for absentee ballots prior to the general elections installed on the sidewalk outside of Fayette County Clerk’s office in downtown Lexington. October 6, 2020. mdorsey@herald-leader.com

Josh Douglas, an election law expert at the University of Kentucky Rosenburg School of Law has compiled a list of frequently asked questions on voting.

1. When is the registration deadline?

Monday, Oct. 5, at 4:00. Yes, it’s passed. That’s really unfortunate, especially as most other states have shorter registration windows, with 21 states allowing for Election Day registration. Learn more here: https://tjcinstitute.com/wp-content/uploads/2020/08/20.08_Same-Day-Voter-Registration.pdf

2. When is the deadline to request a mail-in/absentee ballot?

Friday, Oct. 9, at 11:59 pm. Don’t delay! Visit GoVoteKY.com to request it. It takes about 60 seconds. Anyone who is concerned about COVID-19 —so basically everyone — qualifies to vote by mail this year.

3. When is early voting?

Oct. 13-Nov. 2, during normal county clerk hours, as well as three Saturdays: Oct. 17, 24, and 31 (boo!). Find your early voting locations (listed by county) at https://www.sos.ky.gov/elections/Pages/Polling-Locations.aspx. Fayette County recently added two more voting locations.

4. Can I vote like normal on Election Day, Nov. 3?

Yes! But your normal precinct probably won’t be open. Check https://www.sos.ky.gov/elections/Pages/Polling-Locations.aspx to find your polling place. Every county will have at least one voting center where anyone in the county may go.

5. Who can request an absentee ballot?

Basically everyone. Concerns of COVID-19 qualify as a valid excuse to vote absentee in Kentucky this year, and it’s the voter’s own subjective understanding of whether they have concerns that allow them to vote absentee.

6. Who can vote early?

Anyone, and no “excuse” is needed.

7. If I requested an absentee ballot, can I change my mind and go vote in person?

You really shouldn’t. You’ll have to cancel your absentee ballot request, which takes time and will slow down the process for anyone.

8. Do I need a photo ID to vote?

If you are voting via absentee ballot, your application online satisfies the new photo ID law. If you are voting in person either early or on November 3, you will need to show a photo ID, but lots of kinds of IDs count (including student IDs), and NO expiration date is required on the ID; thus, expired IDs are sufficient.

If you don’t have a photo ID, you will have to show a non-photo ID (like a credit card) and fill out a one-page form indicating a reason for not having an ID (lack of financial means to obtain one, COVID-related reason, etc.). So yes, Kentucky does have a new photo ID requirement this year, but it’s pretty mild.

9. I requested my mail-in ballot and it hasn’t arrived yet and now I’m freaking out!

That’s not a question. But either way, stop freaking out. These things take some time to process. If you haven’t received your ballot by Oct. 28, then you can take some actions, but right now it’s ok if it hasn’t arrived, even if your neighbors and friends have received their ballots.

10. What do I do if my absentee ballot hasn’t arrived by Oct. 28?

Call your county clerk. Then go vote in person either early or on Nov. 3. You’ll still have to “cancel” your absentee ballot request but it should be fairly easy.

11. I heard the mail is terrible and I shouldn’t put my completed ballot back in the mail.

Again, that’s not a question! But the statement is based on a faulty premise. There’s little evidence that the postal service in Kentucky will not be able to deliver ballots on time. Kentucky election officials are in close contact with the postal service. That said, if you are concerned, feel free to use one of the many ballot drop boxes that are scattered throughout each county. Fayette County voters can find their drop box locations here: https://www.lexingtonky.gov/vote.

12. How do I know if my ballot was received?

You can track the status of your ballot here: https://vrsws.sos.ky.gov/VIC/.

13. How do I make sure I don’t make a mistake when filling out my ballot?

Check out this short video from Kentucky for Kentucky: https://www.youtube.com/watch?v=hMmLPxqHHMs&feature=youtu.be. Basically, make sure to fill out your selections clearly, sign the inner (manila) envelope (but do NOT remove the flap), put the inner envelope inside the outer (white) envelope, and then also sign the outer envelope. Yes, you need to sign TWICE.

14. My signature is a scrawl and has changed over the years. How do I know my ballot won’t be rejected for a mismatched signature?

Election officials will be looking at specific features to match a signature, like the way you write certain letters—which is probably consistent even if you think your signature has changed. In the June primary, hardly any voters had issues with signature mismatches. And if there’s a problem, the county clerk must contact you so you can fix it.

15. Do I need a witness to sign my absentee ballot?

For most voters: no. You only need to sign the two envelopes yourself.

But if you cannot sign because of a disability and can only make a “mark,” then you need a witness signature. In addition, if you need assistance to fill out your ballot because you are blind, have a physical disability, or are unable to read English, then you need two witness signatures.

16. Will I know if my mail-in ballot is rejected?

Yes! New for November, the county clerks MUST contact the voter before rejecting a ballot to give the voter an opportunity to cure the error. In addition, county clerks must accept ballots with minor mistakes, such as forgetting to sign twice if one signature matches (that said, remember to sign twice so you’re not in this situation!).

17. When is my ballot due?

All absentee ballots must be delivered to drop boxes by Nov. 3 OR postmarked by Nov. 3. Ballots postmarked by Nov. 3 must arrive by November 6. What this means is that in early October it’s perfectly fine to mail your ballot back if you want, but toward the end of October you should consider dropping it in a drop box instead.

18. When will we know the results?

Counties must announce preliminary results the evening of Nov. 3, but those are unofficial. In fact, Election Night results are always unofficial! The election is not final until the election officials actually certify the results several weeks later. Election Night “results” are a projection. The difference is that this year there will be a lot more mail-in ballots, which officials must process.

For the presidential election, we likely won’t know final results in three key swing states—Michigan, Wisconsin, and Pennsylvania—for at least a week, maybe more, because these states are not allowed to even start processing the absentee ballots until Nov. 2 or 3. (Kentucky counties can start processing them earlier but cannot count them until November 3.) Florida, on the other hand, can process earlier, so it’s likely we may have a good sense of Florida by late Nov. 3 or early Nov. 4. If Florida goes to Biden, there’s a pretty good chance he will win. If Florida goes to Trump, we will likely be in for a longer haul. In my view, the key state to watch is Pennsylvania.

19. I keep hearing about a “red mirage” and the “big blue shift.” What are those?

Over the past couple of election cycles, ballots counted later in the process have been weighted more toward Democratic voters. These include later-arriving mail-in ballots and provisional ballots (ballots cast in person where there was an issue, such as the voter not having an ID, so they are set aside so election officials can determine their validity in the days after Election Day). Thus, the ballots counted on Election Night in some states have shown stronger Republican results. But after election officials process all ballots, Democrats have done better. The initial Election Night unofficial projection is the “red mirage” and the subsequent Democratic gain is the “big blue shift.” This occurred, for example, in the U.S. Senate race in Arizona in 2018: the Republican was on top on Election Night but the Democratic candidate ultimately won.

None of this indicates any malfeasance or fraud. It’s a natural and valid part of the election process. Any calls to stop the counts after Election Night or declare a winner immediately are pleas to disenfranchise people by rejecting valid ballots.

Results are not official until all ballots are counted. That will likely take a couple of weeks. That’s ok. Accuracy is more important than speed in this context.

20. Can I take a picture of my ballot and post it on social media?

Yes, in Kentucky. Kentucky does not prohibit “ballot selfies.” But not all states allow this practice. Here’s a state-by-state guide: https://www.cnn.com/2018/11/02/us/taking-selfies-when-voting-laws-in-states-trnd/index.html.

21. Is Kanye West really on the ballot?

Yes, in Kentucky, though not in all states. His supporters gathered enough signatures to put him on the ballot. He’s an independent in Kentucky, but his political party (in other states) is the “Birthday Party” because “when we win, it’s everybody’s birthday.” Really.

22. It’s 2020, so we need to ask this question: What happens if a candidate dies or otherwise is incapacitated? Can they be replaced on the ballot?

Not anymore. The ballots have been printed. Over 3 million people have already voted! If something unfortunate happens with a presidential candidate, the political party would designate a new nominee and it would be up to electoral college voters to choose that person instead. But some states forbid electors from voting for anyone but the person who won the statewide vote. So those state laws would have to yield. It would be a big mess!

23. I love how easy it is to vote in Kentucky this year! Will these be the rules moving forward?

Not necessarily. The rules this year are the result of a bipartisan agreement between Governor Andy Beshear and Secretary of State Michael Adams. But to make these rules permanent, we need legislative action. Contact your state legislators to demand that they pass a bill to make the rules permanent. Specifically, I would like to see Kentucky move to no-excuse absentee balloting, early voting, a reduced registration deadline (or even same-day registration), and expanding polling hours. Your legislators are the key.

24. You didn’t answer my question!

Sorry! My inbox might be mad at me, but feel free to email me at joshuadouglas@uky.edu or reach out to me on Twitter @JoshuaADouglas and I’ll try to help if I can.

Joshua A. Douglas is a professor at the University of Kentucky College of Law and the author of “Vote for US: How to Take Back Our Elections and Change the Future of Voting.”

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